Parents of baby girl claim daughter’s neck was broken by hospital worker and facility tried to hide it

Grieving parents of a baby girl who tragically died after a Florida hospital worker allegedly broke her neck have launched legal action against the facility.

Gianna Lopera gave birth to her daughter Jahxy Peets at the Orlando Health Winnie Palmer Hospital for Women and Babies when she just 24 weeks through her pregnancy on June 12, 2022. 

The baby girl was immediately intubated and admitted to intensive care as a result of her premature arrival. 

But two weeks after her birth, a neurological consult was requested as healthcare providers noticed her limbs were no longer moving.

Gianna’s partner Jahmair Peets said a bruise was then detected on their daughter’s spine.  

He said: ‘They don’t know why she presented this and unfortunately she can’t move her hands. The hospital also said her neck was swollen and the back of her head all of a sudden.’

An MRI later concluded the newborn’s neck had been snapped, with experts who reviewed the case alleging the injury was caused from ‘extreme excessive force’. 

Doctors familiar with the case claimed ‘there’s no way for this to happen accidentally’ and say evidence showed ‘cord signal abnormality, enlargement and presumed hemorrhage involving portions of the cervical and thoracic cord.’

The claim says no note had been made in the medical record documenting an excessive force event and that there was no indication that an investigation was performed once the injury had been discovered. 

Experts who reviewed Jahxy’s medical records determined her neck had been broken with intent, sharing that ‘there’s no way for this to happen accidentally’ and that the injury was caused by ‘extreme excessive force’

Jaxhy eventually succumbed to sustained injuries resulting in her death at just 165 days old on November 25 that same year. 

The heartbroken couple’s attorney Nicole Kruegel told McClatchy News: ‘She wasn’t able to breathe on her own, her organs started shutting down… it was just a very slow death.’ 

The couple’s lawsuit claims the hospital failed to name the individual who was responsible for the fatal injury. 

‘As far as the parents know, this person who did this could have done it intentionally, or if they did it accidentally, they did it because they don’t know what they’re doing, and they’re still in that NICU handling babies as far as we know,’ attorney, Nicole Kruegel (pictured) said

It is also alleged the hospital then attempted to cover-up their staffer’s actions. 

‘This traumatic event was either not recognized or was not reported and it appears from the records that an attempt to cover up the cause of Jahxy’s injuries was made,’ the suit says.

‘As far as the parents know, this person who did this could have done it intentionally, or if they did it accidentally, they did it because they don’t know what they’re doing, and they’re still in that NICU handling babies as far as we know,’ Kruegel said. 

Before Gianna and Jahmair filed their lawsuit, the hospital admitted responsibility for their daughter’s death under Florida Statute 766.207, which would limit the amount of damages the family could recover in arbitration.

‘Jahxy’s parents are rejecting the admission, choosing instead to fight for justice,’ Kreugal said.

A GoFundMe page was created to help cover the costs of Jahxy’s care before she passed away as well as ongoing costs for the family 

With their lawsuit, Jahxy’s parents are seeking more than $50,000 in damages and demand a jury trial. Pictured: Orlando Health Winnie Palmer Hospital for Women and Babies in Orlando, Florida

If Jahxy’s parents accepted the hospital’s admission, Kruegel said litigation would only revolve around financial damages. 

‘We would never ever be able to find out what happened to Jahxy,’ Kruegel says. 

‘The thing that really upsets me about this case is the hospital admitting liability and trying to push this case to arbitration.’ 

Jahxy’s parents say they are missing explanations about how this could happen and remain desperate for answers to ensure it doesn’t happen again.  

With their lawsuit, Jahxy’s parents are seeking more than $50,000 in damages and demand a jury trial. 

The grief-stricken parents will hold a news conference on October 21 outside hospital to demand accountability for their extreme devastation. 

A GoFundMe page was created to help cover the costs of Jaxhy’s care before she passed away as well as ongoing costs for the family.